Case of the Northampton Bridge
Massachusetts Supreme Judicial Court
Petition of the selectmen of Hadley, praying for the appointment of commissioners under the St. of 1871, c. 177, entitled “An act to make the Northampton Bridge free.”
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Petition of the selectmen of Hadley, praying for the appointment of commissioners under the St. of 1871, c. 177, entitled “An act to make the Northampton Bridge free.” Commissioners were appointed, who heard the parties, and made an award, in which they determined the amount which should be paid as damages to the proprietors of the bridge; and decreed that the towns of Northampton, Hadley and Amherst were specially benefited, and that they and the county of Hampshire should pay these damages in certain proportions, and also the expenses of keeping the bridge in repair; and submitted to the…
1Opinion of the CourtGray, C. J.
The St. of 1871, c. 177, is a legitimate exercise of the power of the Legislature to lay out public highways. The proprietors of the bridge and property, thereby taken for the purpose under the right of eminent domain, were doubtless entitled by the Constitution to a jury to assess their damages. But the question whether the county, and any and which towns therein, should bear the burdens of paying such damages, and of maintaining and repairing this public highway for the future, and in what proportions, was to be determined by the Legislature, or in such manner as it should direct, without…
2Cases cited5 opinions
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Haverhill Bridge Proprietors v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1869
- Salem Turnpike & Chelsea Bridge Corp. v. County of EssexMassachusetts Supreme Judicial Court · 1868
- Peabody v. School CommitteeMassachusetts Supreme Judicial Court · 1874
- Inhabitants of Scituate v. Inhabitants of WeymouthMassachusetts Supreme Judicial Court · 1871
3Cited by13 opinions
- KingmanMassachusetts Supreme Judicial Court · 1891
- Dinan v. SwigMassachusetts Supreme Judicial Court · 1916
- City of Boston v. City of ChelseaMassachusetts Supreme Judicial Court · 1912
- Inhabitants of Agawam v. County of HampdenMassachusetts Supreme Judicial Court · 1881
- City of BostonMassachusetts Supreme Judicial Court · 1915
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